Sunday, July 24, 2011

GA - Few Sex Offenders Apply To Get Off Registry

Well, when police do not tell ex-sex offenders they can do this, what do you expect? Most offenders do not check the local legislature web site, so they are not aware of this capability. Read about it here.

07/24/2011

ATLANTA -- More than a year after Georgia legislators scaled back tough sex offender restrictions, only a handful of convicts have taken advantage of new rules that allow some to petition to get off the statewide sex offender registry.

State officials have removed a total of 107 sex offenders from the list at the order of the courts, said GBI spokesman John Bankhead. The Sex Offender Registration Review Board is reviewing another 42 applications, said director Tracy Alvord.

"So far it hasn't opened any floodgates," Alvord said. "But it will be interesting to see what happens down the road."

In all, there are more than 20,000 sex offenders registered in Georgia.

The legislation was quietly signed into law in May 2010 by Gov. Sonny Perdue, and much of it focuses on easing restrictions that banned most sex offenders from living and working near schools, parks and places where children gather.

But another provision was designed to give some offenders what supporters called an "escape hatch" to get their names off the registry.

The law allows sex offenders who are disabled or living in a nursing home to petition for release from the registry after they finish their sentences. It also lets those convicted of kidnapping or false imprisonment of a minor that didn't involve any sexual contact ask for release. Another part allows those whose sentences and probation ended more than 10 years ago to ask a court for removal.

Alvord said the sex offender review board has received 50 court-ordered requests from offenders to take their names off the list, and eight people have so far been removed.

The other 99 sex offenders who were removed from the list after the law took effect didn't have to go through the review board. Those figures include applicants whose probation or parole ended at least a decade ago.

There's no definitive figure on how many sex offenders would be able to apply for removal, but lawyers say hundreds, if not thousands, could be eligible.

Some sex offenders and their advocates aren't surprised by the slow trickle of applications.

"There's not a lot of people that know or understand what's happened," said Kelly Piercy, a sex offender who was convicted of child pornography charges in 1999. "There just hasn't been publicity about it."

Piercy, who is blind, has petitioned his east Georgia court to remove his name from the registry. But he said some offenders don't want their case to be dragged up in court again. And others don't have the time or money to hire an attorney and go through the process.

"The people on the registry are often unemployed or underemployed," Piercy said. "They're barely making it. And they don't have the $3,000 to $5,000 needed to pay for the petition."

The process can be surprisingly smooth, though, defense lawyers said. Atlanta attorney B.J. Bernstein represented a sex offender whose sentence and probation had ended more than a decade ago. She said prosecutors cooperated when she came to the court seeking to remove his name.

"It was painless," she said. "He just wanted to be able to go fish where he wanted to fish."

Alvord said she expects the number of applications to jump as more attorneys learn about the law.

"People might just not be aware that this is an option," she said. "And district attorneys, judges and defense attorneys are getting more familiar with the process. And we're getting more familiar with the process, too. I really anticipate the numbers to increase."

The law passed overwhelmingly in both the House and Senate, and even supporters of stricter sex offender laws supported the measure.

Advocates of the new law say they're not disappointed by the relative trickle of applicants so far. The Southern Center for Human Rights, an Atlanta-based group that helped push the legislation, has filed six petitions to remove offenders from the registry. Five of those have been granted, said staff attorney Sarah Geraghty.

"The Legislature did the right thing by creating this exemption process because some people who've ended up on Georgia's sex offender registry aren't really sex offenders in the way most people think of that term," she said.

4 comments
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"The people on the registry are often unemployed or underemployed," Piercy said. "They're barely making it. And they don't have the $3,000 to $5,000 needed to pay for the petition."

This comment sums it best; even if you are aware of the option the cost is far too high for those on the registry.

I've been out of work for more than a year, many interviews but it's always come to and end when they find I'm an RSO. So no resources to pay the cost for being removed and no chance of having the resources as long as I'm an RSO.

I am well aware of this capability - to be removed from the registry. I committed my crime in 1996 and was given a 10 year sentence in 1997. I've been off probation/ completed any sort of state supervision since 2007, and according to Static-99 (the measurement tool that the state SO Reg.Review board uses), am a level 1. The reasons I have not applied to come off is 1) I do not want to be the 1st or 2nd to apply in that county (maybe 5 or 6) and 2) if my application is denied, I (by law) cannot reapply for 2 more years. So I want to be *real sure* when I ask for this, that the result is what I want. Since I have not been officially 'leveled' by the SORB, the Superior court would request the leveling. As I've been told, the whole process could take about 3-6 months.

I'm sure there are those here in GA who don't know about getting off the registry- and this article might make them jump for joy, but first google Static-99 and see where you place. If you score over a 2 or 3, forget it.

I have to wonder if the reason it hasn't been publicized is that politicians are concerned their constituents will make a ruckus if they view this as easing up on crime, Especially SO's. I'm kind of surprised that the media didn't grasp this headline and wave it in everyone's face; Just to stir up some anger. If I were the sheriff's deputy responsible for doing the registration processing I would probably mention this to registrants during their visits just to lighten up my workload.